Dec 8, 2012 3:00am PST
with the prop 8 case. the doma case is slightly different for reasons we can go into. but many of us thought the prop 8 case it's going to go back. it's going to be legal in california but nowhere else and the court is going to wait another ten years. then wash out the outliers like intraracial marriage did. >> so what are the implications -- the differing implications of how they could rule? what different parts of the gay marriage question could they resolve? >> the doma case is a much more easy case. it's a much more challenge. all it does is to return congress to its original position of following whatever states' definition of marriage are. in some ways it was crafted, it's a movement. they tend to be pro-state's rights and the liberals are pro gay, so essentially toward the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck down the congressional statute that invariably leads the supreme court to review the case. everyone thought they would take the case. i think t
Dec 7, 2012 8:00pm PST
questions are on the doma case and windsor case. the cases being defended by a group of republican members and it is not clear that they have actual standing to bring the case. so if the court says you don't have standing, then the lower court would prevail and windsor would prevail. >> how would the court's ruling affect marriage equality? >> it couldn't be more important. that case came for african-americans in 1954, i believe. this could be that moment. we're all hoping that it is. this country is an imperfect union by mere fact that we have not recognized the right of people in love to be married. there are 120,000 couples in this country that are directly -- have their interests directly at stake. but it's not just them. the question is will this country embrace this fundamental human right? and i don't believe kennedy wants to be on the wrong side of history on that. to the constitutionty. is doma doomed?